Workplace accidents are unfortunately a common occurrence in Georgia. Each year, thousands of people are hurt on the job and miss at least a couple of days of work. Helpfully, Georgia requires that employers carry workers’ compensation insurance, which can pay benefits to cover the cost of medical care and replace some lost wages.
If you are hurt at work, you must take specific steps to protect your right to workers’ compensation benefits. In this article, our Snellville workers’ compensation lawyer reviews your responsibilities and encourages you to reach out to discuss an injury claim at work. We can handle claims from start to finish or jump in and file an appeal if your claim was already denied.
What to Do After a Workplace Injury
Workplace injuries happen in a variety of ways. Some workers are hurt in an explosion, fire, or building collapse, while others are struck by motor vehicles or fall at work. Still, other people are struggling with repetitive motion injuries which develop slowly over time until, one day, they feel extreme pain. Perhaps the most common injury occurs when an employee is hurt while lifting heavy objects.
Here is what you should do if you are hurt at work.
- Report Your Injury Within 30 Days
Workers must tell their employer of their injury before the deadline, which is 30 days after the accident or 30 days after discovering you have a workplace-related injury or illness.
This deadline serves many purposes. For one, it gives your employer a chance to protect other employees. They can also investigate or collect information related to the accident. Workers’ compensation benefits are no-fault, but some people don’t qualify if they intentionally injured themselves, for example.
Don’t delay. Report the accident and/or injury to your boss or foreman as soon as possible. This is a necessary prerequisite for filing an injury claim at work.
- Obtain Medical Treatment
Some accidents are life-threatening, so an ambulance ride to the emergency room is necessary. But even less serious accidents require prompt treatment, which improves your odds of making a full recovery.
Under Georgia law, you can’t meet with any doctor you want. Instead, you should receive care from a doctor who is on your employer’s list of qualified doctors. Your employer should post a list of doctors who are certified by the Workers’ Compensation/Managed Care Organization, and you should pick someone from the list. If you don’t meet with a certified doctor, then workers’ comp might deny your injury claim, which means you won’t get free medical care.
There’s an exception to this requirement if you need emergency medical attention. Suppose you fall from a great height and are severely injured. A colleague calls the ambulance to rush you to the hospital to save your life. In this type of emergency situation, it’s okay to receive treatment from any doctor—at least initially.
Once the emergency passes, however, you should meet with a doctor who is on the posted list. Call Griffin Law Firm, P.C. if you have questions about what doctor should treat you.
- Continue with Your Medical Treatment
Another key consideration is to always follow your doctor’s treatment plan. If you stop, then an insurer might claim you aren’t trying to get well. They could cut off benefits.
For example, a doctor might recommend physical therapy after a bad shoulder injury. The therapy is necessary to improve your range of motion and increase strength. If you refuse to go, then the insurance company can say you’re refusing to get well to collect more benefits than you deserve. They will reasonably claim that your ongoing shoulder pain is your fault.
What happens if you are following a treatment plan but don’t feel your condition is improving? It might be time to get a second opinion from a qualified doctor. But it’s critical not to simply stop treatment or try to self-diagnose your injuries.
It is important to hire an experienced Georgia workers’ compensation attorney since adjusters often delay or deny authorizing medical treatment that is being recommended by the authorized treating physician. Our firm keeps the pressure on the insurer to make sure you are getting all of your recommended treatment and that it is being timely paid for by the insurer.
- File a Claim for Workers’ Compensation Benefits
Workers’ compensation should cover all necessary and reasonable medical treatment for your workplace injury or illness. This treatment can include surgery, physical therapy, doctor’s visits, diagnostic tests, prescription medication, and hospital overnights. Medical care is expensive, so this is an excellent benefit. As mentioned above, workers’ compensation benefits are no-fault. The only requirement is that you are injured while performing your job duties. The Georgia Workers’ Compensation Act states that a work injury is compensable when an employee is hurt arising out of and in the course of their employment.
To start a claim, fill out WC-14 and file it with the Georgia Board of Workers’ Compensation. Provide your employer and their workers’ comp insurer with copies of your form. You should also keep a copy for your records.
Many workers are overwhelmed after suffering a painful injury. They might not be able to think clearly or be able to get out of bed to fill out paperwork. Working with an experienced lawyer is helpful so that your form is full and accurate.
- Wait for a Decision & Possibly Appeal a Denial
Unfortunately, many workers are denied worker’s compensation benefits even when they technically qualify. Insurance companies strive to keep their profits as high as possible, so they have developed a habit of rejecting even worthy claims.
Don’t panic if your claim is denied. Injured workers have a right to an appeal—but you should hire an experienced Snellville workers’ comp attorney as quickly as possible.
The grounds for your appeal will depend on the reasons for the denial. Often, insurance companies claim your injury happened outside of work. For example, you might have suffered a knee injury, which they claim is the result of a car accident you suffered 6 months ago. Workers’ comp doesn’t cover injuries that happen when a person is not working.
Hurt at Work? Speak with a Snellville Workers’ Compensation Lawyer Today!
Griffin Law Firm, P.C., realizes that workers are the backbone of the Georgia economy. When workers are injured, they should be treated fairly and receive all benefits available under the workers’ compensation system. Sadly, some workers are struggling for months to have their claims taken seriously. In the meantime, they are falling further and further behind.
Our experienced workers’ compensation attorneys fight to make sure your medical benefits and lost wages are paid timely and for the correct amount. Ultimately, every injured worker is hoping for a fair workers’ compensation settlement, which does not usually happen without attorney representation. Our lawyers know the best time to negotiate a settlement, which means you will get the settlement you need and deserve.
Contact us today to schedule a free consultation. We can provide an assessment of your legal rights and start representing you right away.